Arbitration Law Monthly
Dispute resolution clauses: jurisdiction and admissibility
In C v D [2021] HKCFI 1474, Godfrey Lam J in the Hong Kong SAR Court of First Instance has confirmed the distinction drawn in recent cases in England and Singapore between jurisdiction and admissibility. The effect of the decision is that any dispute as to whether the conditions precedent to arbitration laid down in a dispute resolution clause is for the tribunal and not for the court to resolve.
C v D
: the facts
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